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To: nicmarlo
he federal courts did NOT review DE NOVO.

What you can't grasp is that de novo in the law as written doesn't mean try the whole thing from the beginning. The law did not state that the judge "shall conduct a trial de novo." It said to have an independent appellate determination without regard to previous state appellate court findings (de novo) of "...any claim of a violation of any right of Theresa Marie Schiavo..." Such claims were made to the court. The court determined those claims, and then denied those claims as being without merit.

Whittemore did his job. No amount of complaining will change that.

202 posted on 04/04/2005 2:18:06 PM PDT by antiRepublicrat
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To: antiRepublicrat

So, do you think that Terri being murdered is a good thing?


209 posted on 04/04/2005 2:24:07 PM PDT by Halls
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To: antiRepublicrat
The United States District Court for the Middle District of Florida shall have jurisdiction to hear, determine, and render judgment on a suit or claim by or on behalf of Theresa Marie Schiavo for the alleged violation of any right of Theresa Marie Schiavo under the Constitution or laws of the United States relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain her life.

This was not to appeal state determinations. This was for a suit or claim, de novo, in FEDERAL courts. Not a revisit to procedures taken in state courts.

218 posted on 04/04/2005 2:33:46 PM PDT by nicmarlo
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